Gun politics in the Czech Republic

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Gun politics in the Czech Republic incorporates the political and regulatory aspects of firearms usage in the country. Policy in the Czech Republic is in many respects less restrictive than elsewhere in Europe (see Gun politics in the European Union).

A gun in the Czech Republic is available to anybody with a firearms license. Gun licenses are shall-issue and may be obtained in a way very similar to a driving license. Unlike in most other European countries, the Czech gun legislation also permits a citizen to carry a weapon for self-defense; concealed carry is mandatory while open carry is restricted.

The permissive politics have a very long tradition, with the term pistol originating in 15th century Czech.[1] The Czech lands have been the manufacturing center (including weapons industry) of Central Europe for over two centuries.[2] Today the Czech Republic is home to arms manufacturers that include Česká zbrojovka Uherský Brod and Sellier & Bellot.

History[edit]

A model of a Hussite warrior behind a Pavise shield, carrying a píšťala on his arm

The Czech Crown lands witnessed one of the earliest mass use of the firearms, during the Hussite wars in the early 1420s and 1430s. Use of firearms, together with Wagon fort, was one of the key features of Hussite war strategy, which defeated five crusades, launched against the Reformationists' revolt. The word used for one of the guns used by the Hussites, Czech: píšťala, later found its way through German and French into English as the term pistol.[1] Another gun used by the Hussites, the Czech: houfnice, gave rise to the English term, "howitzer".[3][4][5]

After establishment of Czechoslovakia in 1918, the country took over the existing Austrian gun law of 1852. The law was very liberal, allowing citizens to own and carry guns without any formalities, with restrictions applying only regarding their number. This was restricted during the German occupation of Czechoslovakia: the Nazis forbade private gun ownership (except for hunting) and imposed very harsh punishments. The liberal situation was returned following the defeat of Germany in May 1945.[6]

The situation changed again after the communist coup d'état of 1948. Although the law allowed for some restricted gun ownership, in reality the authorities were instructed which groups of people could be allowed to own a gun. In 1962 a secret directive was adopted, listing the names of persons deemed loyal enough to be allowed to own a gun. A law of 1983 was more liberal, but gun ownership remained relatively restricted. Access to sport guns was easier (sport shooting was encouraged and supported by the state via Svazarm) and the rules for hunting shotgun ownership were relatively permissive.[6]

The new enactment of 1995, after the Velvet Revolution, meant a return to the more liberal times of the First Czechoslovak Republic. Accession to EU required a new law compliant with the European Firearms Regulation, which was passed in 2002. The law remained very liberal despite introducing more regulation.[6]

Current law[edit]

Firearms Act
Act on Firearms and Ammunition
Citation No. 119/2002 Coll.
Enacted by Czech Parliament
Date enacted 9 April 2002
Date commenced 1 January 2003
Introduced by Miloš Zeman's Government
Related legislation
Regulation of Ministry of Interior No. 384/2002 Coll., on Execution of Certain Sections of Firearms and Ammunition Act (Firearms Regulation)
Status: In force

There is no constitutional right to possess firearms in the Czech Republic. According to the Czech Constitutional court, the right to possess firearm is not a basic human right and it may not be derived from the right to own property guaranteed by the Art. 11(1) of the Charter of Fundamental Rights and Freedoms.[11]

The right to have a gun license issued is provided for in the Act No. 119/2002 Coll.[12] Subject to fulfillment of the act's conditions, anyone is entitled to have the license issued and may then obtain a firearm.[13][14] Holders of D (exercise of profession) and E (self-defense) licenses, which are also shall-issue, may also freely carry a concealed firearm.[15]

Categories of guns[edit]

Among popular guns is the Vz. 58.[16] While the full automatic version requires exemption by police, which is may-issue and each applicant is judged individually, the semi automatic version can be obtained easily with any type of gun license.
Private ownership of heavy military machinery, such as tanks, is possible for collecting purposes.[17] However obtaining the necessary exemption from police is rather difficult, often also inoperability of the main cannon is required.[18]

Under the current gun law, guns, ammunition and some accessories are divided into four categories:

A - Restricted firearms and accessories

Includes full automatic firearms, military firearms and ammunition not inspected and marked for civilian use, some types of ammunition such as armor piercing and incendiary ammunition, night vision scopes, suppressors and gun mounted laser pointers. The use of hollow point ammunition in pistols is also restricted, however, hollow points are legal to purchase for rifles and pistol carbines.[19]

B - Guns requiring permit

Includes semi automatic and single or multiple shot handguns, revolvers, semi automatic rifles and shotguns with magazine capacity over 3 rounds or with a detachable magazine, semi automatic "military" style rifles, rim-fire firearms under 280 mm of length and all shotguns under 600 mm of length, flare guns with caliber larger than 16mm.[20]

C - Guns requiring registration

Includes single shot or bolt action rifles longer than 280 mm, shotguns, semi-automatic rifles not included in B, air rifles with muzzle energy over 16 J and black powder repeaters.[21]

D - Guns available to adults above 18

Includes air guns (muzzle energy up to 16 J), mechanical guns (with kinetic energy up to 150 N), replicas (black powder), airsoft guns, vintage firearms (manufactured prior to 1890), expansion guns and .22 CB cap (muzzle energy up to 7.5 J).[22]

A person must obtain the Gun License (Zbrojní průkaz) to be allowed to own gun of categories A, B and C.[23] To own a gun in the D category only the age of 18 is required.[24] A, B and C category weapon has to be registered within 10 working day with the police after it is bought.[25]

Categories of licences[edit]

There are six categories of gun license; however, these should not be mistaken with the categories for guns.[26]

A - Firearm collection
B - Sport shooting
C - Hunting
D - Exercise of a profession
E - Self-defense
F - Pyrotechnical survey

Obtaining a license[edit]

An applicant applies for a gun license at the police. If the conditions of age, qualification, health clearance, criminal integrity and personal reliability are met and a fee of 500 CZK per category is paid, the license shall be issued in 30 days.[27] The license must be renewed every ten years[14] (no need to undergo qualification exam if the application is filed at least 2 months before termination of the previous license; health clearance still necessary[28]).

Age[edit]

To obtain a B or C category license, the applicant must be at least 18 years old. Under special circumstances, the applicant need only be 15 if a member of a sporting club, or 16 if taught hunting in schools with such a curriculum. To obtain an A, D or E category license, the applicant must be 21.[29]

Qualification[edit]

Apart from gun legislation, the theoretical part of the exam focuses also on first aid
Field strip is usually required to demonstrate "safe handling"

Obtaining the license requires passing a theoretical and practical exam.

  • Theoretical exam: The theoretical exam consists of a written test of 30 multiple choice questions (selected randomly from a total of 488 questions) with a maximum of 79 points possible. To pass the written exam, 67 points are needed for category A, 71 for category B or C, and 74 for category D or E.[30] The test deals with the following issues:
    • knowledge of firearms legislation,[31]
    • knowledge of legislation related to legitimate use of firearm (e.g. self-defense),[32]
    • general knowledge of firearms and ammunition,[33] and
    • first aid.[34]
  • Practical exam
    • Safe handling:[35] this comprises:
      • inspecting, whether the firearms is loaded (safely unloading),[36]
      • field stripping as needed for clean-up,[37]
      • preparation of firearm and ammunition for shooting, shooting, procedure of handling the firearm in case of malfunction, conclusion of shooting.[38]
Touching the trigger, pointing in different then appointed safe direction or trying to field strip loaded gun (dummy round is used) results in exam's fail. Applicants are usually asked to show their ability of safe manipulation on multiple firearms (CZ 75 and/or CZ 82 pistol, bolt-action CZ 452 rifle and a double-barreled shotgun).
    • Shooting test,[39] which requires specific scores dependent on the category of license applied for:
      • For the B and C category license it is 25m on rifle target (A4 sheet sized) with 4 out of 5 rounds hitting the target sheet shooting from a rifle (2 out of five for A category). .22 Long Rifle chambered rifle is used.[40]
      • For the C category license, the applicant must also successfully hit the rifle target from the distance of 25m shooting from a shotgun, 3 out of 4 rounds must hit the target (at least partially).[41]
      • For the E category license, the applicant must successfully hit the international pistol target 50/20 (50 cm x 50 cm) from a distance of 10m (15m for D category license) shooting from a pistol, 4 out 5 rounds must hit the sheet (2 out of 5 for A category).[42]
In each of the cases above, the actual score is irrelevant, only the projectiles have to hit the target sheet.[43]
In each of the cases the applicant is allowed 3 test shots to familiarize with the particular firearm used for the test. The shotgun is an exception to this, where only one round is allowed as a test shot.[44]

A person can obtain more or all of the categories at once. But the set of categories needs to be known before the exam and highest score needs to be met.[45] Typically, people obtain E and B category because these two categories provides the best versatility (almost any firearm can be owned and carried concealed). The D category is required by the law for the members of the municipal police (members of the state police do not need license) and does not itself permit private gun ownership.

Health clearance[edit]

It is also necessary to present the approval from the applicant's general practitioner that they are physically and mentally fit to own and carry gun. It is fully up to the person's doctor whether he requires them to go through psychological testing.[46] In reality, the psychological test is rarely requested.

Criminal integrity[edit]

The enactment specifies the amount of time which must elapse after a person is released from prison for serving time for particular groups of crimes. Ex-convicts punished for committing selected crimes, such as public endangerment, or participation in organized crime group or murder, if sentenced to more than 12 years imprisonment, may never fulfill this condition.[47]

There is a central registry of criminal offenses in the Czech Republic. The criminal integrity is reviewed notwithstanding any possible expungement of the records for other purposes.[48]

Personal reliability[edit]

A person who verifiably excessively drinks alcohol or uses illegal drugs, as well who was repeatedly found guilty of one of a number of specified misdemeanors in the preceding three years, is considered unreliable for the purposes of issuing a gun license. The police has the right to inquire information regarding these issues also from municipal authorities (misdemeanors are dealt with by municipal authorities and there is no central registry related to them).[49]

Obtaining a license by a foreigner[edit]

The law distinguishes foreigners according to their country of origin. For selected foreigners, a license is shall-issue as same as for Czech citizens, while for others it is a may-issue.[50]

  • Shall-issue
    • foreigners from countries of the EU, European Economic Area and Switzerland (in case of their being granted temporary or permanent residency, then also their family members)
    • foreigners from NATO countries
    • foreigners having been granted permanent residency in the Czech Republic and long-term EU residency or long-term residency in other state of EU and longterm residency in the Czech Republic (and their family members, if having been granted long-term residency)
    • persons having been granted international asylum in the Czech Republic
  • May-issue
    • other foreigners (no appeal possible against decision of appropriate police department to deny permit)

Foreign born residents are treated equally in the eye of Czech law (see above), but proof of a lack of criminal record in their country of origin must be provided;[51] persons having residence also in another EU country must provide documentation showing that they are allowed to own a firearm therein.[52] All the documents must be translated into Czech language by a sworn translator. The law on firearm ownership by immigrants is ambiguous, so every police department has slightly different rules.

Foreigners with registered place of residence in the Czech Republic may purchase firearms after obtaining corresponding licenses and permits; persons having residence also in another EU country must provide documentation showing that they are allowed to own such a firearm therein in order to be granted a permit to purchase a B category gun.[53]

The written test as well as the practical exam has to be taken in Czech language. In the past a sworn interpreter/translator was allowed, but that possibility no longer exists.

Obtaining firearms[edit]

ČZ 75 is the most common gun in the country[16]

Each of the A, B, C and E categories of gun license allows the person to buy a B or C category of gun. Holders of an A category license may, after being granted may-issue exemption by the police, also purchase an A category firearm; holders of D category may possess and carry any category of firearm (which remains the property of the employer).[54]

In case of B license the person is allowed to use their guns at shooting ranges. The C license is required by other laws for hunting. The E license allows the person to own a gun for self-defense purpose and carry the concealed weapon. All guns need to be registered with the police in 10 working days after buying except for the D category.[54]

  • To obtain a gun from the A category, the person must ask for an "exemption" from the police and demonstrate a specific reason why they want such a weapon.
    • For private physical persons, the only acceptable reason is collecting;[55]
    • for physical or legal persons having an armament license (this is a completely different certificate than the gun license) for professional purposes the acceptable reasons include providing security for dangerous or valuable shipments or VIP objects, manufacturing or testing of firearms, providing training in use of A category firearms, or filming in case that the firearm is adjusted for use of dummy rounds.[55]
  • The B category of guns requires permission from the police. Before buying the gun the person must visit the police and fill in the "permit to buy, own and carry" form for the particular weapon (depending on the police department, usually caliber and type of weapon is required).
As a formality, a person must state a justifiable reason for purchasing a B category firearm, which include collecting, sporting, hunting or cultural activity, conducting business with firearms and ammunition, providing security, exercise of profession and self-defense.[56] The police will issue the permit in up to 30 days and the permit is shall-issue if the applicant has a valid gun license (and fulfills all of its requirements, e.g. clean criminal record); the permit is valid for 12 months.[57]
The law specifies safe storage requirements for those owning more than 2, 10 and 20 firearms.[58]
  • The C category of guns can be bought at a gun shop after presenting the gun license. However, the gun needs to be registered later at the police.[59]

There is no limit in the law on number of owned guns. The law specifies safe storage requirements for those owning more than two weapons or more than 500 rounds of ammunition. The safe storage requirements are further exacerbated for those owning more than 10 and more than 20 firearms.[58]

Possession of a firearm without a gun license (as well as sale, manufacturing, procurment, etc.) is a criminal offense which carries a penalty of up to two years imprisonment (up to eight years in defined cases).[60]

Shooting ranges[edit]

Firearm owners are allowed to practice only at licensed shooting ranges and may otherwise use the firearm only in case of self-defense, or when permitted by other laws (e.g. hunting).[61] As of 2014, there are almost two hundred places opened for the public.[62] Any adult can visit such a range and shoot from available weapons, without restrictions or permits. A person without a gun license has to be supervised (if younger than 18, then by a person at least 21 years old who has been a holder of a gun license for at least 3 years).[63]

Carrying a firearm[edit]

It is forbidden to carry any weapon during a public demonstration. Police often conducts searches for weapons especially in case of parallel demonstrations of ideological adversaries, such as left-wing and right-wing extremists. The picture depicts police cordon defending Queer Parade 2008 in Brno against intrusions by right-wing extremists: only those who undergo search for guns are allowed further. (see also:LGBT rights in the Czech Republic)

Holders of different categories of firearms licenses have different possibility of carrying their firearms. In general, it is prohibited to carry firearms to court buildings, at demonstrations or mass meetings.[64] It is also generally considered irresponsible to take guns to clubs or bars even though it is not explicitly prohibited by law. Carrying a gun while drunk is however illegal and can lead to heavy fines and losing the gun license.[65]

Carrying guns in schools and campuses is not prohibited by law and there are no so called "gun-free zones".

No carry[edit]

Holders of A license (collection purposes) may only obtain and possess firearms (also those falling into the A - restricted guns category, subject to being granted a may-issue permit) and are not allowed to carry them.[66]

Transport only[edit]

Holders of B (sport shooting) license may only transport their firearms to and from the areas designated for sport shooting. The firearms must be transported in a closed container and in a manner that excludes their immediate use.[67]

Holders of C (hunting) license may too transport their firearms only to and from the areas designated for hunting in a manner that excludes their immediate use. In case that they use public transportation, the firearm must also be transported in a closed container.[67]

Concealed carry[edit]

Holders of category D (exercise of profession) and E (self-defense) license may carry up to two firearms ready for immediate use (bullet-in-chamber). The firearms must be carried in concealed manner.[68]

The requirement of concealed carry applies also for D holders of restricted firearms (e.g. private security with fully automatic firearms).[69]

The Czech Republic is relatively safe country (Prague, having the highest criminal rate in the country still rates as one of the safest capitals in the European Union[70]). Considering the number of the E category licenses there are about 200 000 people who could potentially carry a firearm, however it is not clear how many of them regularly do so.[71]

Open carry[edit]

Only the members of Municipal Police and of the Czech National Bank's security, as holders of D (exercise of profession) license, may carry their firearms openly while on duty.[72]

Members of state police, prison service and other governmental security agencies do not need any gun license and are permitted/required by other laws to open or concealed carry while on duty.

Ammunition restrictions[edit]

Hollow point ammunition may be used only in long rifles. In general, no ammunition with higher wounding potential is allowed.[73]

All of the high penetrating (armor piercing) and hollow point ammunition is classified as category A (see above).[19] The alternative to a hollow point ammunition was Federal EFMJ, which has been classified into the arms group A in mid 2009, effectively outlawing it. Therefore only Full metal jacket or soft nosed semi-jacketed rounds and or just unjacketed bullets (lead only) are allowed. Generally, no ammunition with higher wounding potential is allowed.[73]

There is currently no restriction on caliber size and no restriction on magazine capacity, however special safe storage requirements apply for those having more than 500, 10,000 and 20,000 bullets.[58]

Self defense with firearms[edit]

There are no specific legal provisions covering self-defense by a civilian using a firearm. The general provision regarding criminal aspects of self-defense are contained in the Section 29 (Necessary self defense) of the Criminal Code.[74] General provisions regarding civil liability in respect of self-defense are contained in the Section 14 of the Civil Code.[75]

In general, Czech penal theory recognizes certain classes of circumstances where criminal & civil liability will be excluded in respect of actions which would normally attract a criminal penalty. These include "utmost necessity", "necessary self defense" and other cases involving "eligible use of a gun".[76]

Utmost necessity[edit]

Utmost necessity may be invoked where an interest protected by the Criminal Code (such as right to property or right to life) is endangered. An example of necessity would be a defense against a raging dog (unless the dog was directly sent by the owner, which would be case of necessary defense). The necessity may be invoked only in case of imminent danger and only if there is no other way of avoiding it (subsidiarity), such as locking oneself behind a fence or calling the police. Also, the consequence of the necessity must be less serious than the consequence of the endangering act (proportionality).[76]

The RAMI versions of ČZ 75 are specially designed for concealed carry and prompt defence over short distances[77]

Necessity is excluded in cases where:[76]

  • the consequence of necessity is equal to or greater than that of endangerment
  • the necessity continues after the endangerment has ceased
  • the endangerment could have been deflected in other ways, i.e. with less serious consequences
  • there is a duty to withstand the endangerment (a special situation which does not cover civilians)

Necessary self defense[edit]

The basis of necessary self-defense is deflection of an imminent or ongoing attack against an interest covered by the Criminal Code (such as right to property or right to life) by performing an action which would otherwise be punishable (such as use of a firearm against the other person). The imminent part means that a party is evidently and immediately threatened, it is not necessary to wait for the attacker to start the attack, especially if he is known for his aggressiveness. (That, however, is not the case if the attack is being prepared, but not imminent). The necessary self-defense may also be enacted when defending someone else's interest (i.e. defending their person or their property) as long as the same requirements are met. However, defending against a provoked attack is not considered "necessary self defense".[76]

There is no requirement of subsidiarity: in this respect "necessary self defense" differs from "utmost necessity". The main limitation is that the defense may not be manifestly disproportionate to the manner of the attack. The manner of the attack is not the same as its intensity, which is only a part of it. For example, "intensity" covers whether the attack is committed by a single attacker or a group, with or without a gun, and the relative strength of the attacker and the party attacked, etc. But the manner also includes future imminent dangers, such as the possibility that single attacker might imminently be joined by others.[76]

As regards proportionality, the law states that a self-defense may not be manifestly disproportionate. It is evident, that for a self-defense to be successful, it has to be performed on a level exceeding the attack. Unlike in case of necessity, the consequence of necessary self-defense may be more serious than consequence of the attack. The defense may not be restricted to a passive one, it can also be active. It is not the outcome of the incident but the sequence of actions at its beginning which determines who is to be deemed the attacker, and who is the party attacked.[76]

There are two main excesses, which are not recognized as necessary self-defense:[76]

  • defense, which continues after the attack is over, i.e. when a robber is running away without any loot (excess in time)
  • defense, which is manifestly disproportionate, such as shooting children who steal apples from a tree, or shooting a perpetrator who has passed over a fence, without giving indication of further malevolent or criminal intentions (excess in intensity)

Eligible use of a gun[edit]

Eligible use of a gun is addressed in special enactments dealing with police, secret security service, prison guards etc.[76] Thus for example a policeman may, under specified conditions, shoot on an escaping suspect, a privilege which an armed civilian does not have.

General tendencies[edit]

Barrel for dry firing for civilians at a police station in Karviná, Czech Republic. After unloading, a person aims the firearm into the barrel and dry fires it. The barrel is constructed so as to safely absorb a bullet in case the owner mistakenly leaves one in the chamber.

It is acceptable to defend from a violent attack anywhere on the street especially when a person is attacked with a knife or another deadly weapon. Shooting an unarmed attacker also occurs and becomes sometimes a subject of controversy. In general, each case is investigated in great detail before being eventually dismissed as a legitimate self-defense.[78] The defense is judged according to the subjective and objective perception of the defender during the time of the imminent or ongoing attack, and not according to the view of persons who are judging it ex post.[79]

The American style Castle Doctrine is also not applied however it is usually considered acceptable to defend from a violent home invasion with a firearm. In 2014, an amendment of laws concerning self-defense was proposed with the aim of giving greater leeway to defenders, especially in cases when they would not normally meet the bar for legitimate self-defense under the current legislation, but face extraordinary circumstances, such as confusion as a consequence of the attack, or when facing home invasion.[78]

Although there is no stand-your-ground law, the fact that necessary defense (unlike utmost necessity) is not subject to subsidiarity means that there is also no duty to retreat.[80] The mere fact that a defender uses a weapon against unarmed attacker does not mean that the defense is disproportionate (and thus not legitimate) to the manner of the attack[81] and the proportionality of defense does not depend on the relative effectiveness of the defender's weapon compared to the intensity of the attack, but on the manner in which the weapon is used[82] (aiming at leg, i.e. intended non-deadly defense, may be proportionate where aiming at chest may be manifestly disproportionate, notwithstanding if the slug hits a leg artery and the attacker bleeds to death[83]).

The fact that a person prepares a weapon in order to defend themselves against expected attack does not preclude the defense from being legitimate[84] and, according to courts, it may not be expected from a defender to wait and rely on chance that a damage which is, both objectively and in the defender's subjective understanding, threatened to happen, will not take place. The defender may use proportionate accessible means in order to prevent an imminent attack and disarm the attacker.[83]

Popularity of guns[edit]

Sport shooting is the third most widespread sport in the Czech Republic (after football and ice hockey)[16]

Despite the relatively liberal gun laws, guns are not especially popular in the Czech Republic; nevertheless sport shooting is the third most widespread sport after football and hockey.[16] In 2013, there were 306,815 licenses and 728,476 registered firearms[85] (for the 10,5 million population). In the long term number of licences slightly decreases while number of registered guns keeps growing.[86]

The Czech Republic is home to many firearms manufacturers including Česká Zbrojovka. The famous models of handguns such as CZ 75 are very popular among Czechs. Czechs also favour various types of Glocks and 1911 clones. Long arms by Czech manufacturers are also very popular especially among Czech competition shooters or hunters. There are relatively fewer revolvers, mostly from US manufacturers such as Smith & Wesson and Colt, or Czech producers ALFA and Kora (revolver).[16]

Incidents and gun crimes[edit]

In 2005, there were 5.317 misdemeanors and 924 criminal offenses committed with firearms[87] compared to 5428 misdemeanors and 836 criminal acts in 2007.[88]

It is generally not common for licensed gun owners to commit violent crimes with their guns, and most of the gun crimes are committed with illegal weapons that are beyond the control of the law.[89] The number of murders committed with legally owned guns reached its peak in 2000, when 20 people were murdered. There were 16 murders committed with legally owned guns in 2003, 17 in 2007 and 2 in 2010. The majority of them are committed during family quarrels, with only a minimum being premeditated.[16]

Occasionally crimes with legally owned guns do happen. The most notable examples include:

  • 2001 shooting of three policemen who were called by a wife that claimed she was attacked by her husband, František Jůza. On the scene, the policemen were negotiating with the husband who was threatening to commit suicide with his legally owned .38 revolver. When the situation seemed about to be peacefully solved, the hysteric wife ran into the room. Jůza thereafter shot three policemen (two mortally) and committed suicide.[90]
  • Viktor Kalivoda aka "Forest Killer", who was planning to go on a killing spree in Prague Metro in 2005. As part of his preparation, he randomly murdered two hikers in a forest and another person four days later in another forest about 200 km from the first killing with his legally owned Glock. Police captured Kalivoda week later, thus preventing further murders.[91] Kalivoda was sentenced to life imprisonment. While in prison, he committed suicide in 2010.[92]
  • 2008 shooting at former PM's birthday party: in 2008, there was an incident at a party of a Czech politician and former Prime Minister Jiří Paroubek, where his acquaintance Bohumír Ďuričko shot Václav Kočka junior, the son of a Prague businessman, with his legally carried gun after a short quarrel. Ďuričko later claimed he was acting in self-defense after Kočka attacked his pregnant girlfriend. According to the eyewitness testimony it seems highly unlikely. In April 2009, Bohumír Ďuričko was found guilty of murder and sentenced to 12 and a half years in prison.[93]
  • 2013 Raškovice massacre, where a 31 year old school teacher invaded the house of one of his students (17), with whom he had allegedly been previously intimately involved, and shot the student and her grandparents, using various legally owned firearms (with caliber .22, .38 and .45). The perpetrator had further 10 firearms at home and over 10.000 rounds of ammunition; he had passed psychological evaluation before getting gun license. As of January 2014, he was awaiting trial and facing up to life in prison.[94][95]

General attitudes to guns and efforts to tighten the law[edit]

Those who [legally] carry guns are the most polite citizens. We don't take part in brawls, we don't quarrel on the street, we don't drink & drive even with the lowest amount of alcohol in blood, because so little may be sufficient to lose the gun license and being forced to sell the gun.

—Stanislav Gibson, director of Lex, a Czech firearms owners' lobby association[16]

The gun law in the Czech Republic is quite liberal. It is mostly caused by the fact that after the fall of communist regime people wanted to regain their rights to keep and bear arms and these needs resulted in passing quite a liberal legislation in 1996, which surpassed the previous restrictive communist enactment. The law became widely accepted and led to quite massive civilian arming. Especially many businessmen felt the actual need to obtain a firearm because the times shortly after the Velvet Revolution are known for the rise in organized crime often related to the economic transformation in the early 1990s.[96]

Today fewer people feel the need to carry a firearm for protection. General attitude to gun ownership is that there is no point in banning guns because criminals will get guns no matter how tight the law is.[16] At the same time, however, the rules are deemed to be restrictive enough to prevent criminals from easily obtaining firearms, while allowing upstanding citizens to own one for personal protection. For example, in 2010, a Norwegian terrorist, incited by reports of British newspapers describing Prague as "being the most important transit site point for illicit weapons in Europe", found himself unable to obtain any in the country when preparing for the 2011 Norway attacks.[97][98][99] Similarly, a Polish terrorist obtained guns illegally in 1200 km distant Belgium, despite living mere 70 km from the Czech border.[100] Also the fact that Czech Republic has a strong tradition in firearms manufacturing and competition shooting contributes to generally moderate attitude to gun control.[16]

A sharp increase in gun ownership took place in 2011 after a number of attacks of Romani perpetrators against victims from majority population, some of which were racially motivated. This arming was taking place especially in regions such as Šluknov Hook, where high crime rates are often attributed to people from Roma minority, and where majority population distrust police and authorities.[101] This local trend however didn't significantly influence long term statistics.[86]

Efforts to tighten the law usually arise after deadly incidents like those described above. Obligatory psychological testing for gun owners is the most common subject of the discussion however has always been rejected. Gun advocates point out that it is not clear what the tests would be like and who would be responsible for the testing and its results. It is also pointed out that it is unlikely that any psychological testing would reveal a potentially dangerous individual because some famous killers in the past were members of the military or the law enforcement and passed very difficult psychological testing successfully.

The law was last tightened in 2008 introducing for example stricter sanctions for carrying gun while intoxicated. Proposals to introduce mandatory psychological testing were not passed.[102] The efforts to tighten gun legislation are also unlikely to pass as about a fifth of members of the Czech Parliament are holders of gun license; some of them are believed to carry firearms also within the parliament grounds (parliamentarians are not required to pass gun check on entry unlike other staff or visitors).[103]

2014 European parliamentary elections[edit]

Generally, firearms possession is not a politicized issue that would be debated during Czech elections. The 2014 European Parliament election became an exception in connection with the Swedish European Commissioner Cecilia Malmström's initiative to introduce new common EU rules that would significantly restrict the possibilities of legally owning firearms.[104]

In connection with that, a Czech gun owners association asked the parties running in the elections in the Czech Republic whether they agree (1) that the citizens should have the right to own and carry firearms, (2) that the competence on deciding firearms issues should lay in the hands of the nation states and not be decided on the EU level, and (3) whether they support Malström's activity leading to the curbing of the right of upstanding citizens to own and carry firearms. Out of 39 parties running, 22 answered. The answers were almost unanimously positive to the first two questions and negative to the third one. Exception were only two fringe parties, the Greens - which, while supporting the right for gun ownership in its current form, also support further unification of rules on the European level and labeled the general reaction to Malström's proposal as "hysteric", and the Pirates which support unification of the rules leading to less restrictions elsewhere, commenting that one may not cross the borders out of the Czech Republic legally even with a pepper spray. Other fringe parties at the same time voiced their intent to introduce American style castle doctrine or to arm the general population following the example of the Swiss militia.[105]

Other type of weapons[edit]

There is currently no regulation on other type of weapons such as knives, pepper sprays, batons or electrical paralyzers. These weapons can be freely bought and carried in concealed manner by anybody above 18.[106] Similarly as in the case of firearms, it is prohibited to carry these weapons to court buildings, demonstrations and mass meetings.

Carrying non-lethal weapons such as pepper sprays, paralyzers or gas pistols is officially recommended by the Ministry of Interior as prevention in case of assault.[106]

References and sources[edit]

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  3. ^ Harper, Douglas. "howitzer". Online Etymology Dictionary. Retrieved 18 January 2014. 
  4. ^ The Concise Oxford English Dictionary (4 ed.). 1956. pp. Howitzer. 
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  7. ^ Eurobarometer, Directorate General for Communication (2013), Flash Barometer 383: Firearms in the European Union - Report, Brusselss, retrieved October 2013 
  8. ^ Firearms Act, Section 28(1)(B)
  9. ^ Firearms Act, Section 29(1)(N)
  10. ^ Firearms Act, Section 9(2)(C) (effective after 1 July 2014)
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  12. ^ Parliament of the Czech Republic (2002), Act No. 119/2002 Coll., on Firearms and Ammunition (in Czech), Prague 
  13. ^ Firearms Act, Section 8
  14. ^ a b Firearms Act, Section 16(1)
  15. ^ Firearms Act, Section 28(3)(B), 28(4)(C)
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  17. ^ "Silnici na Kroměřížsku zablokoval havarovaný tank [A crashed tank blocked a road in Kroměříž district]". idnes.cz (in Czech). Retrieved 2011-02-24. 
  18. ^ "Kupte si tank, nebude! [Buy yourself a tank before they're all sold out!]". profit.cz (in Czech). Retrieved 2011-02-24. 
  19. ^ a b Firearms Act, Section 4
  20. ^ Firearms Act, Section 5
  21. ^ Firearms Act, Section 6
  22. ^ Firearms Act, Section 7
  23. ^ Firearms Act, Sections 9-14
  24. ^ Firearms Act, Section 15
  25. ^ Firearms Act, Section 42(1)
  26. ^ Firearms Act, Section 16(2)
  27. ^ Firearms Act, Section 18
  28. ^ Firearms Act, Section 24(1)
  29. ^ Firearms Act, Section 19
  30. ^ Firearms Regulation, Section 5(2)
  31. ^ Firearms Act, Section 21(4)(A)
  32. ^ Firearms Act, Section 21(4)(B)
  33. ^ Firearms Act, Section 21(4)(C)
  34. ^ Firearms Act, Section 21(4)(D)
  35. ^ Firearms Act, Section 21(5)(A)
  36. ^ Ministry of Interior of the Czech Republic (2002), Regulation No. 384/2002 Coll., on Execution of Certain Sections of Firearms and Ammunition Act (Firearms Regulation) (in Czech), Prague , Section 4(1)(A)
  37. ^ Firearms Regulation, Section 4(1)(B)
  38. ^ Firearms Regulation, Section 4(1)(C)
  39. ^ Firearms Act, Section 21(5)(B)
  40. ^ Firearms Regulation, Section 5(5)(B),(B)
  41. ^ Firearms Regulation, Section 5(5)(C)
  42. ^ Firearms Regulation, Section 5(5)(D),(E)
  43. ^ Firearms Regulation, Section 5(6)
  44. ^ Firearms Regulation, Section 4(6)
  45. ^ Firearms Regulation, Section 5(3)
  46. ^ Firearms Act, Section 21(1)
  47. ^ Firearms Act, Section 22
  48. ^ Firearms Act, Section 22(4)
  49. ^ Firearms Act, Section 23
  50. ^ Firearms Act, Section 18(3)
  51. ^ Firearms Act, Section 24(2)
  52. ^ Firearms Act, Section 17(5)
  53. ^ Firearms Act, Section 12(4)
  54. ^ a b Firearms Act, Section 28
  55. ^ a b Firearms Act, Section 9(2)
  56. ^ Firearms Act, Section 12(5)
  57. ^ Firearms Act, Section 12(6),(7)
  58. ^ a b c Firearms Act, Section 58(2)
  59. ^ Firearms Act, Section 14
  60. ^ Criminal Code, Section 279
  61. ^ Firearms Act, Section 28(5)
  62. ^ Czechnology. "Mapa střelnic". zbranekvalitne.cz (in Czech). Retrieved 18 January 2014. 
  63. ^ Firearms Act, Section 59(4)
  64. ^ Firearms Act, Section 76(1)(F)
  65. ^ Firearms Act, Section 76a, 57
  66. ^ Firearms Act, Section 28(1)
  67. ^ a b Firearms Act, Section 28(2)
  68. ^ Firearms Act, Section 28(3),(4)
  69. ^ Firearms Act, Section 28(3)(A)
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  71. ^ Ministry of Interior of the Czech Republic. Information on the number of firearms and holders of firearms licenses and armament licenses in the Czech Republic and on the misdemeanors and criminal acts in this area (in Czech) 2013. Retrieved 18 January 2014. 
  72. ^ Firearms Act, Section 28(3)(B) alinea 2
  73. ^ a b Firearms Act, Section 4(B)(2)
  74. ^ Parliament of the Czech Republic (2009), Act No. 40/2009 Coll., the Criminal Code (in Czech), Prague , Section 29
  75. ^ Parliament of the Czech Republic (2012), Act No. 89/2012 Coll., the Civil Code (in Czech), Prague , Section 14
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  77. ^ "CZ 2075 RAMI Subcompact" (in Czech). Česká zbrojovka. January 28, 2011. Retrieved January 29, 2011. 
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  79. ^ Decision published as No 804/2011 in the magazine Soudní judikatura (Judicial Decisions) (in Czech) 
  80. ^ Supreme Court of the Czech Republic (24 October 2001), Decision No. 5 Tz 189/2001 (in Czech), Brno 
  81. ^ Supreme Court of the Czech Republic (19 December 1994), Decision No. 7 To 202/94 (in Czech), Brno 
  82. ^ Supreme Court of the Czech Republic, Decision No. 41/1980 Coll. (in Czech), Brno 
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  84. ^ Supreme Court of the Czech Republic (17 February 1981), Decision No. 3 To 2/1981 (in Czech), Brno 
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  90. ^ "Někdo velmi lhal, naznačil policista [Someone lied miserably, a policeman suggested]" (in Czech). idnes.cz. Retrieved January 19, 2013. 
  91. ^ "Policisté dopadli lesního střelce, prý by vraždil znovu [The Police have caught the Forest Killer, allegedly he was about to murder again]" (in Czech). idnes.cz. Retrieved January 29, 2011. 
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  93. ^ "Ďuričko zůstane ve vězení, potvrdil Nejvyšší soud [The Supreme Court decided that Ďuričko will remain behind bars]" (in Czech). e15.cz. Retrieved 18 January 2014. 
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  95. ^ Šrubař, Martin. "Učitel střílel jako šílený, použil všechny tři pistole, které měl s sebou [The teacher was shooting like crazy, he used all three firearms he had with him]" (in Czech). denik.cz. Retrieved 18 January 2014. 
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  97. ^ Norský vrah sháněl zbraně i u motorkářů v Praze (in Czech). Týden. 24 July 2011.  (Google Translate link)
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  101. ^ "Policie nepomáhá a nechrání, soudí lidé na Šluknovsku a ozbrojují se [The people in Šluknov District believe that the Police do not help and do not protect them, they are arming themselves]" (in Czech). iDnes.cz. Retrieved 2011-10-25. 
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  105. ^ "Volby do Evropského parlamentu 2014 [2014 Elections to the European parliament]" (in Czech). gunlex.cz. Retrieved 2014-05-13. 
  106. ^ a b Koníček, Tomáš Tomáš; Kocábek, Pavel. "Prevence přepadení [Preventing Assault]" (in Czech). Ministerstvo vnitra. Retrieved January 29, 2011.